(File photo)Approved:
- Annual adoption of the council’s rules of order and procedure, with proposed changes.
- Rezoning 3.23 acres north of 3420 West Mount Comfort Road.
- Approving the annual per capita jail fee agreement with Washington County.
- A $119,400 contract with Seven Hills Homeless Center to serve people seeking shelter.
- A $954,000 sewer cost-share agreement with the City of Greenland.
- A $294,800 service agreement with Hawkins-Weir Engineers for utility relocations along MLK at the I-49 interchange.
- A $3.96 million contract with Brothers Construction for utility relocations along MLK at the I-49 interchange.
Meeting duration
This meeting lasted 1 hour and 39 minutes and was adjourned at 7:09 p.m.
Meeting info
A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Jan. 2, 2024 inside City Hall in Room 219. The meeting is also available on Zoom and will be broadcast live on the city’s YouTube channel.
Listed below are all the items up for approval and links to PDF documents with detailed information on each item of business.
Roll call
Present: Bob Stafford, D’Andre Jones, Sarah Moore, Mike Wiederkehr, Mayor Lioneld Jordan, Scott Berna, Sarah Bunch, Teresa Turk, Holly Hertzberg
Absent: None
» View current attendance records
Mayor’s Announcements, Proclamations and Recognitions
1. Firemen’s and Policemen’s Pension and Relief Fund – Major Lioneld Jordan
City Council Meeting Presentations, Reports and Discussion Items
1. Monthly Financial Report – Chief Financial Officer
Consent
Consent items are approved in a single, all-inclusive vote unless an item is pulled by a council member at the beginning of the meeting.
1. Approval of the Dec. 19, 2023 City Council meeting minutes.
– Pass 8-0
2. Railroad Crossing Elimination Grant – Administration agreement (Details): A resolution to approve an agreement between the City of Fayetteville, the City of Springdale, and the Arkansas & Missouri Railroad for the administration of a railroad crossing elimination grant.
– Pass 8-0
3. Litter Abatement Program – Contract amendment (Details): A resolution to approve Amendment 2 to the Memorandum of Agreement with Genesis Church of Fayetteville for the continuation of a litter abatement program through 2024 in an amount not to exceed $100,000.00.
– Pass 8-0
4. Seven Hills Homeless Center – Service contract: (Details): A resolution to waive the requirements of formal competitive bidding and approve a contract with Seven Hills Homeless Center in the amount of $119,400.00 for services to homeless and needy residents in Fayetteville in 2024.
– Pass 8-0
5. Fire Pension Fund – Number change and loan authorization (Details): A resolution to change the assigned fire pension fund number in the 2024 budget, to authorize the Mayor or the Mayor’s designee to loan cash from the General Fund to the Fire Pension Fund for monthly benefit payments, and to authorize the Mayor or the Mayor’s designee to reimburse the General Fund when fire pension taxes are received.
– Pass 8-0
6. Arkansas One-Call System, Inc. – Service agreement (Details): A resolution to waive competitive bidding and authorize the purchase of utility locating services from Arkansas One-Call System, Inc. in an amount not to exceed $50,000.00 per year for all city departments on an as-needed basis through December 31, 2029.
– Pass 8-0
7. McClelland Consulting Engineers, Inc. – Service agreement (Details): A resolution to approve Amendment No. 1 to the professional engineering services agreement with McClelland Consulting Engineers, Inc. in an amount not to exceed $48,000.00 for additional services associated with the Greenland Sewer Cost Share Project.
– Pass 8-0
8. City of Greenland, Arkansas – Sewer cost-share agreement (Details): A resolution to approve a cost-share agreement with the City of Greenland in an amount not to exceed $954,000.00 for upsizing a portion of a 12-inch sanitary sewer line to 18-inch, to approve a project contingency in the amount of $100,000.00, and to approve a budget adjustment.
– Pass 8-0
9. Hawkins-Weir Engineers, Inc. – Service agreement (Details): A resolution to approve Amendment No. 2 to the professional engineering services agreement with Hawkins-Weir Engineers, Inc. in an amount not to exceed $294,800.00 for professional services associated with utility relocations along Martin Luther King Jr. Blvd. at the I-49/HWY-62 interchange.
– Pass 8-0
10. Brothers Construction, Inc. – Construction agreement (Details): A resolution to award Bid #23-44 and authorize a contract with Brothers Construction, Inc. in the amount of $3,963,291.00 for construction of utility relocations associated with the Interstate 49 & Martin Luther King, Jr. Boulevard Interchange Project, to approve a project contingency in the amount of $250,000.00, and to approve a budget adjustment.
– Pass 8-0
11. Highway 16 Utility Relocations – Condemnations (Details): A resolution to authorize the City Attorney to seek condemnation and possession of certain lands owned by individuals needed for the Highway 16 Utility Relocations Project.
– Pass 8-0
12. AF&G, LLC – Service agreement (Details): A resolution to award Bid No. 24-01 and authorize the purchase of pavement marking installation from AF&G, LLC in variable amounts and for varying unit prices as needed through the end of 2024.
– Pass 8-0
13. Building Exteriors – Service agreement (Details): A resolution to award Bid #24-03 and authorize the purchase of tree planting services from Building Exteriors, Inc. in variable amounts and for varying unit prices as needed through the end of 2024.
– Pass 8-0
14. Emery Sapp & Sons, Inc. – Service agreement (Details): A resolution to award Bid #24-04 and authorize the purchase of asphalt paving services from Emery Sapp & Sons in variable amounts and for varying unit prices as needed through the end of 2024.
– Pass 8-0
15. Tune Concrete – Purchase agreement (Details): A resolution to award Bid #24-05 and authorize the purchase of concrete materials from Tune Concrete as the primary supplier in variable amounts and for varying unit prices, and to authorize the use of other bidders based on price and availability as needed through the end of 2024.
– Pass 8-0
16. Green Dream International, LLC – Purchase agreement (Details): A resolution to award Bid #24-06 and authorize the purchase of aggregate materials from Green Dream International, LLC as the primary supplier in variable amounts and for varying unit prices, and to authorize the use of other bidders based on price and availability as needed through the end of 2024.
– Pass 8-0
17. Asphalt Materials – Purchase agreement (Details): A resolution to authorize the purchase of asphalt materials for use by the Transportation Division on an as-needed basis through the end of 2024.
– Pass 8-0
18. Northwest Arkansas Winwater – Purchase agreement (Details): A resolution to award Bid #24-08 and authorize the purchase of drainage pipe from Northwest Arkansas Winwater as the primary supplier and for varying unit prices, and to authorize the use of other bidders based on price and availability as needed through the end of 2024.
– Pass 8-0
19. Scurlock Industries – Purchase agreement (Details): A resolution to award Bid #24-09 and authorize the purchase of precast drainage pipe & structures from Scurlock Industries of Fayetteville in variable amounts and for varying unit prices as needed through the end of 2024.
– Pass 8-0
20. Precast, Inc. – Purchase agreement (Details): A resolution to award Bid #24-10 and authorize the purchase of precast modular block retaining wall units from Industrial Precast, Inc. as the primary supplier in variable amounts and for varying unit prices, and to authorize the use of other bidders based on price and availability as needed through the end of 2024.
– Pass 8-0
21. Emery Sapp & Sons, Inc. – Purchase agreement (Details): A resolution to award Bid #24-11 and authorize the purchase of high-performance cold mix from Emery Sapp & Sons, Inc. in variable amounts and for varying unit prices as needed through the end of 2024.
– Pass 8-0
22. Geveko Markings, Inc. – Purchase agreement (Details): A resolution to award Bid #24-13 and authorize the purchase of preformed thermoplastic pavement markings from Geveko Markings, Inc. as the primary supplier in variable amounts and for varying unit prices, and to authorize other bidders based on price and availability as needed through the end of 2024.
– Pass 8-0
23. Premier Lighting Group – Purchase agreement (Details): A resolution to award Bid #24-14 and authorize the purchase of lights, fixtures, and poles from Premier Lighting Group in variable amounts and for varying unit prices as needed through the end of 2024.
– Pass 8-0
24. Jus Ewen Transport, LLC – Purchase agreement (Details): A resolution to award Bid #24-15 and authorize the purchase of truck hauling services from Jus Ewen Transport, LLC in variable amounts and for varying unit prices as needed through the end of 2024.
– Pulled from Consent (see below)
25. Blue Ribbon Site Services – Purchase agreement 1 (Details): A resolution to award Bid #24-16 and authorize the purchase of delivered screened topsoil from Blue Ribbon Site Services and the purchase of picked up screened topsoil from Keith Austin Construction Company LLC in variable amounts and for varying unit prices as needed through the end of 2024.
– Pass 8-0
26. Blue Ribbon Site Services – Purchase agreement 2 (Details): A resolution to award Bid #24-18 and authorize the purchase of unscreened topsoil from Blue Ribbon Site Services in variable amounts as needed through the end of 2024.
– Pass 8-0
27. 2024 Project Safe Neighborhoods – Grant sub-award (Details): A resolution to authorize acceptance of a Project Safe Neighborhood Grant award in the amount of $2,862.00 for the Fayetteville Police Department, and to approve a budget adjustment.
– Pass 8-0
Pulled from Consent
1. Jus Ewen Transport, LLC MDM Trucking, LLC – Purchase agreement (Details)
A resolution to award Bid #24-15 and authorize the purchase of truck hauling services from Jus Ewen Transport, LLC MDM Trucking, LLC in variable amounts and for varying unit prices as needed through the end of 2024.
– Pass 8-0
This item was pulled from Consent at the request of City Attorney Kit Williams. He said it was discovered after the selection of the low bidder that the company was not licensed to do business in Arkansas, so the city cannot award a contract to them. This amended resolution will award the contract to the second-place bidder, which is MDM Trucking, LLC.
Discussion:
There was no discussion.
Decision:
The council voted 8-0 to approve the resolution.
Unfinished Business
There is no unfinished business.
New Business
1. City Council Rules of Order and Procedure – Resolution (Details)
A resolution to adopt the Rules of Order and Procedure of the Fayetteville City Council for 2024.
– Pass 8-0
The council is required to re-adopt the rules of order and procedure each year.
This year, Councilmember Berna has proposed to reduce the time limit for public comment from 5 minutes to 3 minutes. Berna said in the past, the council has reduced the time limit to 3 minutes on controversial topics to move the meeting along more quickly and to allow more people to speak. Additional time could still be granted by the council if someone requests to speak longer. Berna also proposed to remove the requirement that all public commenters must sign in before the meeting since that rule has not been followed, and to correct the website address in the city code to include the city’s new address.
Discussion:
Berna said he doesn’t want to have a negative effect on public comment, but is rather trying to solve the challenge of keeping the meetings from stretching late into the night as they sometimes do.
“I think anybody can say what needs to be said in three minutes,” Berna said. “I think it would really help keep people moving along.”
The council decided to first vote on the clean-up amendments before discussing the public comment time period amendment. Those amendments passed 8-0.
Stafford said agrees that people should be able to make a point in three minutes. He said there are additional avenues for further comments that people could use – such as emails or phone calls to their representatives – if they need to get more in-depth with their opinions.
Moore said one thing that makes Fayetteville unique is that the city allows more time for public comment than other municipalities, so she’ll vote against the proposal.
Bunch said the council always has the option to shorten or extend public comment as needed, and that she’s not heavily invested in whether the set time limit is three or five minutes.
Jones said he understands Berna’s concerns, but doesn’t want to run the risk of limiting public comment so he’ll vote against.
Hertzberg said she’s in favor of shortening the time limit because it could lead to more people being able to speak if the meetings don’t drag on.
Bunch agreed with Hertzberg and said before she was a councilmember – and before there was a time limit at all – she once came to speak and eventually gave up and went home after some people spoke for up to 40 minutes each.
Wiederkehr said the proposal isn’t to eliminate public comment, but rather to change the time allowed. He said he would support the proposed change. “There’s nothing wrong with people being a bit more focused,” he said.
One person who spoke during public comment said they hope the council will keep the 5-minute limit.
Turk suggested trying the 3-minute limit for 2024 and revisiting the idea next year if it doesn’t work well.
The council voted 6-2 to approve the amendment. Jones and Moore voted against.
Decision:
The council voted 8-0 to approve the amended resolution.
2. Rezoning-2023-0033 – North of 3420 W. Mount Comfort Rd./Wiese-Goddard School, 323 (Details)
An ordinance to rezone the property described in Rezoning Petition RZN 2023-033, approximately 3.23 acres located north of 3420 West Mount Comfort Road in Ward 4, from R-A, Residential-Agricultural to CS, Community Services.
– Pass 7-0
The property is located in northwest Fayetteville, one lot north of Mount Comfort Road on the west side
of Salem Road. It includes one parcel which is currently undeveloped with the exception of two small outbuildings. A lot split, which would subdivide the property into two lots, is currently under review by city staff.
City staff said the requested rezoning would encourage the development of smaller scale urban hubs that are characterized by a mixture of moderate-density residential and commercial uses, and would also encourage increased development in an area that has a moderate infill score.
Both city planners and the Planning Commission recommend approval.
Location:
Discussion:
Hertzberg said she has a family member with a financial interest in the property so she’ll recuse herself from the vote.
Decision:
The council advanced the item to the third reading, and voted 7-0 to approve it (Hertzberg recused).
3. Per Capita Jail Fee Agreement – Resolution (Details)
A resolution to approve the per capita jail fee agreement with Washington County for jail services in 2024 in the amount of $76,421.40.
– Pass 7-1
The city has had an interlocal agreement for jail services with the county since October 2004. Over the following 15-year period through 2019, the city paid an average of $220,000 annually for those services, with the 2019 fee set at $62 per detainee per day charged with a misdemeanor and no charge for persons incarcerated for felony crimes. In September 2019, the county established a municipal fee of $63.12 per detainee per day, which had the potential to significantly multiply the annual payment, but a per capita jail fee program was later developed based on population estimates for municipalities utilizing the jail. Last year’s per capita fee for the city was $76,421.40 (or about $0.81 per resident multiplied by Fayetteville’s population of 93,949). This year’s fee would stay the same.
Discussion:
Moore pulled this item from Consent before the meeting. She said she thinks the county might have some additional jail expenses that are unaccounted for in 2024 and is concerned that a per capita agreement provides no incentive to the county to be efficient with its spending.
Wiederkehr said he understands Moore’s concerns, but the per capita agreement is much less expensive than the alternatives.
There was no public comment.
Decision:
The council voted 7-1 to approve the resolution. Moore voted against.
Meeting duration
This meeting lasted 1 hour and 39 minutes and was adjourned at 7:09 p.m.
